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Mother Convicted of Felony for Sending Kids to a Better School

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Kelley Williams-Bolar lives in subsidized public housing with her two daughters in Akron, Ohio. Her father lives in the nearby suburb of Copley. In Akron, the schools are barely scraping by in meeting basic state standards. In Copley, the schools receive an “excellent with distinction” rating from the state.

Ms. Williams-Bolar made the kind of decision many of us might when faced with how to educate her children: she used her father’s address to get them into the good school district.

But the district hired a private investigator to follow her home and find evidence of what she was doing. After two years in the Copley schools, her daughters were ousted and Williams-Bolar was arrested. Last week, she and her father were both convicted of felonies. For “defrauding the school district” Williams-Bolar was sentenced to five years in jail, all but ten days of which were suspended. She’s been in jail for a few days now. I haven’t seen a report on where her children are while they wait for her to get home.

A felony means three things I can think of right away:

  • It means that Kelley Williams-Bolar can’t get the teaching certification she was studying for in order to build a career for herself and get her kids out of poverty.
  • It means that when she does apply for whatever job she can find in this rotten economy, she’ll have to check the “convicted felon” box on the application. Given the unemployment numbers these days, it’s doubtful she’ll be getting her girls out of that subsidized housing anytime soon.
  • It means she can no longer vote. She is utterly disenfranchised.

Of course, Kelley Williams-Bolar is a black woman. I think the likelihood that this kind of sentence would ever be handed out to a white parent doing something similar (and indeed, we all have a story of someone—of whatever race—doing something similar) is pretty slim.

But aside from the disproportionate sentencing based on race that is well-documented in legal scholarship, there’s another race matter here.

A couple of weeks ago, I had to explain to my older daughter why the picture of Dr. Martin Luther King Jr. on the cover of her church bulletin featured a jail cell. "Sometimes, rules are bad rules. But when good people break bad rules, they still get in trouble. Dr. King broke some bad rules and they put him in jail."

Ironically, of course, so much of what the Civil Rights Movement of the 1960s was about was education. In fact, that’s what the children’s book I got for my kids highlights. It explains that when he was a child, “Martin” couldn’t go to the nice, new school for white children. He had to go to the old, broken-down, ill-supplied school for black children. The book goes on to explain how it all came out for the best in the end and now “anybody can go to any school.”

Poor Dr. King must be rolling in his grave. The majority of kids in that school in Akron that Kelley feared would intellectually hamper and even physically endanger her children is a majority poor, black school. The award winner in the suburbs is vastly majority white in a neighborhood where the average income is slightly above the national average.

The way the public schools in the United States are funded—based on neighborhood taxes—maintains a separate and wildly unequal system for children based officially on class and secondarily, by the association between poverty and minority, on race.

Something’s gotta give—something other than the single, poor, black mothers who already give until their backs are broken, trying to protect and educate and give a leg up to their children.

Like Dr. King, Kelley William-Bolar went to jail for breaking a bad rule. Or, as I said to a friend today, she broke an unjust law in the cause of justice. It’s how civil rights movements work. She may have only been trying to help her daughters, but she could be a call to all of us to demand reforms to a broken public education system.

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Randa 5 pts

As a child that was once caught up in something like this, I understand and respect the mother's decision to try and better her children's education. However, if you are going to do something like this, you have to realize that there will be consequences and when those consequences happen, you have to own up to them.

In order to do something such as this, you have to knowingly falsify documents, among other things. It just so happens that knowingly falsifying a document is a maximum ten year sentence. She's very fortunate to only get ten days. I don't know all the ends-and-outs of this case so I can't talk about any other aspects but that is just one part that really stuck out to me.

I worked for a school district last year where kids were coming into the school without being in the district all the time. For the most part, the school dealt with everything in a discrete manner and either helped students transfer to their correct districts or find a way to stay in the current school through various methods. However, there were some instances were parents would continuously try to re-enter their children into the wrong district or ignored the school's request and so were taken to court. This is not a new phenomena.

Bottom line - I respect what this woman tried to do for her children and I do think the felony conviction was too much. However, it is unlawful for various reasons, whether we agree with them or not. Oh, and unlike Rosa Parks and the great Dr. Martin Luther King, Jr., Ms. Williams-Bolar's breaking of the law was for her own personal benefit [or the benefit of her children], not for the greater good of an oppressed community. It doesn't make her effort less honorable but I don't know if I would start to compare her law-breaking with that of other Civil Rights leaders just yet.

Sincerely,

Randa from About Life* ( http://aboutlifestar.blogspot.com/ )

westsalem 5 pts

St. Augustine said that an unjust law is no law at all. I would like to think that we can agree that a felony for breaking the school district boundaries is a rather harsh sentence for the crime. For those that say she broke the law, The Constitution says that me and my ancestors are only 3/5ths of a human being, but I break that law everyday. Take a long view of history and you will see that harsh punishments are handed out to the disenfranchised all the time. It wasn't until people of color started pointing out the differential sentencing of crack versus cocaine possession that the establishment started to pay attention and changed the laws. And look at the Innocence project where mainly black men are getting released from prison based on DNA evidence, meaning that the charges against them were trumped up. Disenfranchised and disposed people have to rely on themselves because the so-called law is not on our side. Never has been. So don't hand me some law and order explanation about this sentence.

The judge did not just punish her for committing a crime, she attempted to take this woman's life away and crush her spirit. Hopefully, the judge will answer to a higher power on that one, but for now I will join the fight for justice on this woman's behalf. And for those of you who think that this is about law and order, those structures mainly protect privilege and those that rally for them usually have some of that privilege or believe that they will get some. Stop blindly following the law and look at the moral and ethical issue here.

For those that want to learn more about the ways that the criminal justice system and the prison industrial complex work, read Angela Davis's "Are Prison's Obselete" then re-examine this case.

Nordette is totally right about the racialization of the school boundaries and neighborhoods. I could write a whole book on that, but thankfully David Laboree wrote an article whose title sums it up: "Public Schools for Private Advantage" just substitute low income and high income districts and waahlaaa you have my argument about the public school system.

I'm sorry if this post sounds smug, but I have little tolerance for the law and order vitriol. I guess I expected Blogher folks to be more compassionate and empathetic. So much for that gender stereotype!

ShoreBookworm 5 pts

Nordette, there is no doubt there is a racial component to this story. White flight, along with rampant corruption, ruined the beautiful city of Asbury Park. But it wasn’t just white flight, the black middle and upper middle class fled as well, leaving the city in a morass of poverty, drugs, crime and chaos. As usual, the children pay the price across the board. You are too right, this case raises the curtain on an ugly truth. The disparity in education, housing, opportunity is a national disgrace that leaves me feeling ashamed and overwhelmed by the complexity of the situation.

Despite disagreeing with what she did, I do have compassion for this mom. You can’t see her mug shot without your heart breaking. She certainly should not be in the same category as a murderer, I don’t defend that. I also don’t defend ruining her future.

But how many of our parents went through hard times and sacrificed for their children without breaking the law? For how many of our parents would that have been unthinkable? For how many of us would that be unthinkable?

This wasn’t a hungry woman snatching some bread in desperation. This was an on-going, calculated, deliberate deception. I was a single mother raising four children (at that time) in a town with a terrible school system. I worked three jobs so I could send them to parochial school. I’m no saint, but lying to get them into a better school never crossed my mind. There had to be a better way to accomplish what she wanted.

I believe there is more to the story also. What elicited such a crack down? There is racial component to the entire schooling issue, but I will bet if we looked at the other cases that were mediated before this one was prosecuted we would find as many blacks as whites. So I don’t believe she was made an example of simply because she is a black woman (although I agree, there is no question that disadvantaged women are failed by the system every day). Someone had an axe to grind or a reputation to make here.

Our children’s safety and education is an emotional issue, witness the responses here. But as mothers we owe it to our children to be role models. It is our job. I have to respectfully disagree, I believe having integrity is black and white, there is no fudging there. Ms. Williams-Bolar was wrong and she really did her children a disservice. And she did a disservice to all the anonymous mothers out there who work like dogs to do the right thing for their children the right way.

Marie

www.nourishourselves.blogspot.com ( http://www.nourishourselves.blogspot.com )

www.msrenegade.com ( http://www.msrenegade.com )

www.theshorebookworm.blogspot.com ( http://www.theshorebookworm.blogspot.com )

Gena Haskett 6 pts

This woman believed that her children would not receive a proper education in her area schools.

She looked at the resources available and her access to those resources. The woman made a decision that she wanted the best education for her children.

Her view was that she would do what it would take for her children to get the education they need to function in this society.

That is the law I am speaking of, what would be in the greater good of the children.

I do not condone the action but I have attended craptacular public education. I survived it and no child should have to.

I never want this woman's actions to be equated with an murder. I'm not going there. It is unfair. The man is mentally unbalanced.

I never said she was exempt from the law. Never. I'm saying that this woman, like many women before her made a choice to improve her children's chances.

Class and money are educational factors in how you move forward in this country. I've been saying and will continue to say that you cannot maintain a fair and equitable education system based on real estate taxation.

A post for another time.

She is not the only one. There are all kinds of women doing what she is doing and they are guilty of trying to do better for their kids.

They are also lawbreakers. My heart goes out to them. I truly understand why.

Gena Haskett is a BlogHer Contributing Editor. My Blogs: Out On The Stoop ( http://outonthestoop.blogspot.com ) and Create Video Notebook ( http://createvideonotebook.blogspot.com )

Nordette Adams 6 pts

Yes. I wish I had had time to say more, but I will add for those who don't see a racial connection in this story to please consider the history of white flight, a racially-lined social behavior that has contributed to the inability of inner city schools to provide quality education.

While there is some evidence the white flight trend is reversing, there is more compelling evidence that the legacy of the phenomenon still cripples urban and minority communities and that old fears of black and brown faces still arise in many predominantly white communities when people of color from lower economic social groups show up in the hallways: "There goes our school system" echoes "There goes the neighborhood."

Certainly these fears/concerns remain in our American consciousness even as some would deny them or claim amnesia.

Compartmentalizing this case to be simply about who pays taxes and who doesn't; hanging one's hat on the black and white of "integrity" issues (as though the safety and education of one's child is not an emotional issue), as well as declaring that the only factor is "the mother broke the law" would be to deny multiple socio-political factors that can sway judges and prosecutors. Court rooms and "American justice" are frequently political and mired in bias about race and gender, make no mistake.

I am dismayed by the lack of compassion for this mother from those who defend the ruling that leaves her with a felony record. A felony record will hinder her from pursuing the financial freedom that would let her pay for improving children's education via higher taxes or private tuition, and I suspect the same people who defend the ruling are also those who would resent paying taxes to help this mother out via welfare if she can't find a job

Nordette Adams ( http://www.bookotopia.com ) is a BlogHer CE ( http://www.blogher.com/haystackprofile/viewprofile... ) & you can find her other stuff through Her 411 ( http://her411.com ).

mattnem05 5 pts

even as a convicted felon in Ohio she can vote after she serves her jail term.

While I don't like what has happened to her, in reality it could have been a lot worse. I think while she had the very best intentions at heart she went about implementing them in the wrong way. She should have moved in legally with her father, or at least had her kids do that if she wanted them to go the the school district associated with his house. That would have been the best thing to do, get the kids rightfully established there and then there wouldn't be a problem. But by doing what she did she did break the law, and rightfully so paid the consequences. She also fought it as far as she could, but since she was wrong this was the only outcome that could have been, I do think that the Judge was pretty lenient for only 10 days as a punishment. Ms Williams-Bolar should have settled things before they got that far.

Now do I think that those rules are right, nope no way- but it is the law so wither I agree or disagree doesn't really matter. I am moving this summer for those same darn reasons, the public schools my kids would go to are places my kids will never put a foot in. I've lasted as long as I could putting my son through private school, but I just can't afford it anymore. So the next option is to move, worst case we will move in with my folks- no one want this to happen but we will so the kids can go to a safe school.

janekc09 5 pts

This story makes me angry on so many levels. We don't have enough crime and problems in this country that we have to slap a felony conviction on a mom who is trying to find a better education for her kids? Really? Using a separated/divorced parent's address for school enrollment is done all the time. Who knew it was even illegal? It's just that nobody gets too excited about it when it happens in a nice upperclass white neighborhood.

I hope Kelley uses the publicity to find a power-celebrity lawyer who will take her on Pro-Bono and get this felony conviction removed. Calling Gloria Allred!

ShoreBookworm 5 pts

This is a tragic case on so many levels. But I can relate to it because schooling is a huge issue where I live.

I live in a predominately white, upper middle class town in New Jersey. We border Asbury Park, which has a predominantly black, single parent, poverty level population. Their school system is deplorable. In my town, it is award winning.

There is, of course, no justice here. But it is a social problem that took decades to develop and is proving nightmarish to resolve. It would take pages to go into the machinations that have gone on with the Asbury Park school board and administration. It is wrong, wrong, wrong to have such disparity. It is, in fact, criminal. There has been criminal neglect and wrongdoing in a school system that took advantage of the fact there were few parents who had the wherewithal to hold them to any kind of standards.

But, for now, this disparity exists. And some people will do anything to get their kids into better schools – including lying and breaking the law.

Our schools in New Jersey are also primarily funded through property taxes, so schools closely guard their enrollment. ALL schools do. Because in the unlikely event someone who lived in my town wanted to send their child to an Asbury Park school, they would be just as rigorously vetted. Maybe even more so, because the annual cost per pupil in Asbury Park is $12,618, 31% higher than the state average.

It is admirable that this mother wanted the best for her children. But she didn’t do her best for them. She didn’t model integrity. She taught them lying was ok. She ignored myriad warnings. She taught them the end justifies the means. She decided to flaunt the law. She was as wrong as the situation that she claims drove her to this behavior.

To compare her to Dr. King and Rosa Parks is insulting to their memory. Kelley Williams-Bolar did not take a public stand for justice. She did not demand equal education for all children. She was a sneak and a liar. I am sorry her punishment has been so harsh. But the bottom line is she was wrong and what she did is wrong.

Marie

www.nourishourselves.blogspot.com ( http://www.nourishourselves.blogspot.com )

www.msrenegade.com ( http://www.msrenegade.com )

www.theshorebookworm.blogspot.com ( http://www.theshorebookworm.blogspot.com )

camisa 5 pts

that authorities went overboard (and that is a whole other issue than the point to my comment which was more concerned with the whole "higher law" issue)...but they did so within the laws as written.

If we don't like the laws, we have to participate in the electoral process to see them changed.

If we don't like how zealous our public officials are in making an example of people such as Ms. Williams-Bolar, we must vote for those who would be more compassionate.

Ultimately the legislators and officials are responsive to those who voted them in. If we don't participate in the process our voices will not be heeded.

Commenters who believe that public education should be "free and equal"..what does this mean, exactly? Currently, school zoning and funding is defined by each state. Some states (such as where I live) zone county by county. Some states (where I grew up) zone town to town. In almost all cases, property taxes drive the funding (which leads to the incredible disparity in resources, etc). I agree these systems lead to unfair results...so it is our obligation to VOTE differently and be involved.

The people of the state and school districts at issue voted for those who would pass and enforce these laws with such vigor. One commenter prior noted that Ohio's education laws have been found to be unconstitutional in the past...yet people who continue to take a hard line remain elected and making these laws. If we want them changed, if we want them to be "fair", it is up to us to VOTE.

Unfortunately, given the current electorate climate, I don't see a truly free and equal public education system coming into being anytime soon. We are living in strained and selfish times.

I truly sympathize with Ms. Williams-Bolar. As I mentioned prior, in my opinion, I believe that her actions should not have been criminalized. However, presumably knowing that she was breaking the law, she decided that the needs of her family were above the rules. I understand her feelings (being the mother of a gradeschooler). However, she gambled and lost. My (and others) pointing this out does not make us "cold".

I think the situation is terrible and I truly hope a public interest law group gets involved and helps her through an appeal process and seeks clemency (there are still avenues she can explore). Given the publicity, I wouldn't be surprised to see her pardoned - and soon. Who knows - perhaps this situation is just the catalyst that will help bring about true education reform.

Jill Miller Zimon 5 pts

Just to add: Here in Ohio, we have as many if not more poor white rural public school districts, it's not just the urban schools districts (there are eight that are usually named for Ohio - Cleveland, Columbus, Cincy, Youngstown, Akron, Canton, Toledo - ugh, like the reindeer and dwarfs, I can never remember the eighth! I think it's Dayton) that suffer. However, I'm not sure, population-wise, how those numbers stack up. Still - the single factor affecting these districts: low real estate values that equal lower per capita expenditures. While we know that throwing money at something is rarely the answer, when it comes to education, there's no question that this results in disparities. Again, the Ohio Sup. Crt has found that true four times in 13 years.

Jill Writes Like She Talks ( http://www.writeslikeshetalks.com )

In The Arena: Jill Miller Zimon, Pepper Pike City Council Member ( http://jillmillerzimon.blogspot.com )

Shannon LC Cate 5 pts

Certainly poor white kids in rural Appalachia (such as my partner's family) suffer also under the unfair funding system for public schools.
But since minority children are disproportionately growing up poor--due in large part to a history of racism in the U.S.--you can't fully separate the issues in this particular case.
And yes--not everyone can home school. And if this mother did, plenty of people would doubtless point fingers and say she should get a job and stop living off of the taxpayers in her subsidized housing.

"All that you have is your soul." Tracy Chapman

Shannon LC Cate 5 pts

"You have to pay." "I pay taxes for my schools." Etc. etc.

Folks, this is public education. It is supposed to be free and the great equalizer in the United States. But the notion that all public schools can and do offer essentially the same opportunities is a myth.

Whatever happens to this mom and her girls, the case underlines that fact. The fact is, poor urban minorities DON'T have the same opportunities to make it that white suburbanites have--starting with the schools they can go to as children.

The idea that this woman--or any poor Black mother like her--ought to be punished so harshly for not playing "fair" in a fundamentally unfair system is ridiculous.

Playing fair in an unfair game means the people who started on top will always win and the people who started on the bottom will always lose. People on the top are happy with that, I'm sure. Everybody else is just screwed.

And whiteness is something that puts a person on top in this country. I don't care what else you DON'T have, white skin is a privilege that gives you a leg up. Fact.

The very assumptions people are throwing around--that these children must have been particularly disruptive, that this woman must have done something extra wrong--are evidence of racialized assumptions that render poor Black people always already suspect if not actually criminal.

"All that you have is your soul." Tracy Chapman

kdc521 5 pts

It needs an overhaul. Cases like this just serve as a vivid illustration of that fact. Yes, the mom did break the law and should be held accountable for her actions. A felony though is ridiculous by any stretch of the imagination.

Lack of compassion for those with less means (as evidenced by some of the commentary regarding this case) is a major part of the problem in ensuring quality education for ALL kids in my opinion. (For the record, I think that this is a case where race and class intertwine. Poor people of all races are caught up in the public school education drama...)

I, for one, feel very lucky that I am able to live in an area with great public schools. (That's why we moved here!) However, I know that just moving is not an option for many...and neither is homeschooling if you have to work long hours just to make ends meet!

Shannon LC Cate 5 pts

The authorities in this case had a choice. They didn't have to give this woman such a harsh sentence. The question is, why have none of the gazillion other people who have done this and got caught ever been held to the highest possible penalty and why was this woman chosen to be the "example?"

When 99% of these cases are settled out of court with no criminal prosecution at all, I have to wonder if the "higher law" of protecting the white suburbs from the urban poor is actually what's at play.

"All that you have is your soul." Tracy Chapman

Melissa Ford 5 pts

Thanks for the extra info, Jill. I've been following this story, but feel unable to comment on it because I feel like there is too much missing information being released to the public in order to truly understand what went down. Unless I was in the court room and have all the facts, I'm not sure I can form an opinion on the mother's actions or the judge's actions.

Melissa writes Stirrup Queens ( http://stirrup-queens.com ) and Lost and Found ( http://lostandfoundandconnectionsabound.blogspot.c... ). Her novel about blogging is Life from Scratch ( http://www.life-from-scratch.com/ ).

Jill Miller Zimon 5 pts

I could choose to not comment here but I know that at least a few of the commenters know me (have met me in person as well as virtually) and I'm hoping that the info I can offer will flesh out further the conflicting perspectives of what's going on in this case. I promise - what I have to add will NOT help know what the actual solution itself is.

First, Ohio's school funding system was declared unconstitional four times by our state supreme court. The original case was brought 20 years ago this year.

http://www.schoolfunding.info/states/oh/lit_oh.php...

The dictates of these decisions have never been fully implemented or acted upon. That has a great deal to do with the troubles we have here in Ohio today. That, and the political football that is education, on many levels - not just funding.

Second, different states fund their public education differently - and in fact it's the way that Ohio has it that is causing trouble: school funding is nearly all from real estate taxes. Live in a place with high land value, you have more money per student. Live in a place with low value, you have far less. The state kicks in money to most though not all districts, depending on very complicated formulas which are under extreme pressure right now and for which every district is expecting to take hits due to the state's $8-12 billion budget deficit. Anyway - this is large part what accounts for the disparity in financial resources for the school districts.

Now, about the case itself: there's no doubt in my mind that, as a generalization, race is a factor. The extent to which it's a factor, I don't know. But as people have brought up in other forums - including yesterday's NPR Talk of the Nation on this case, if the children were two star linebackers of any race, might there be a different outcome?

One point that has been stressed, though I've not independently checked it out, is that this mother apparently had been given the warnings etc. about needing to remove the children but chose not to. Whereas yes, often times, engagement w/the district and the parent will result in a more immediate redressing of what's going on.

I know several people on school boards in Ohio and one perspective that Shannon didn't cover but a few comments I think touch on it is this: the fight over resources. I wrote this yesterday on my Facebook page, but I know I learned in 5th grade about how needs for food, clothing and shelter give rise to nearly all battles because we are a growing population that consumes and yet truly, resources are finite.

To me, this completely embraces the core problem with why the schools differ in quality and why laws are written and enforced related to enrollment and matriculation and why we empathize so deeply with the mother and her kids.

But those school boards are charged with making sure that the resources in their district are spent on the kids in their district. I think we should recognize that.

That they spent money to prosecute this woman - if I were a taxpayer there, I would be irate that some other solution could not be had.

But at what level of defiance of the bad laws, as Shannon calls them, which come from, in my opinion, a legitimate concern (protecting the district's resources) do we say it's okay to mete out penalties?

I've been on the record from the start questioning the felony level and the steps taken that may deprive this mom of a career (she's working to be a teacher - which is another element of why people are so betwixt about this case).

But at least here in Ohio, this is a resources issue and there is nearly no one in a decision-making position in education who does know that our state funding scheme is unconstitutional.

Until we fix that here in Ohio, these cases will continue to occur. It is very, VERY sad and heartbreaking.

Thanks.

Jill Writes Like She Talks ( http://www.writeslikeshetalks.com )

In The Arena: Jill Miller Zimon, Pepper Pike City Council Member ( http://jillmillerzimon.blogspot.com )

JRose48 5 pts

She definitely knew she was breaking the law. She didn't care. Children have the right to go to whatever school they want to, but in most districts they have to pay (at my son's elementary it's $5k/year) and it's subject to waiting lists and other restrictions. You can't just lie to put your kid into any school you want to for free. You have to pay for it. Residents for the area pay through their taxes.

We are moving to a new area. We saw some really great apartments, but we checked the schools our son was going to have to go to. Guess what? They were awful. So we chose to live in another area in a home that has much better schools. If you don't like the schools your kids are going to you have to either change your location or pay. It's expensive for a reason.

My parents were very poor so my father joined the military to make sure we would be able to have a place to live and we could go to good schools. You have to work and sacrifice to get ahead. That's how it should be.

You can't just say, "Well, she lived in a poor area so her kids should be able to go to whatever school they want without paying the taxes." That makes no sense whatsoever.

White, black, purple it should be a felony.

camisa 5 pts

First - I think that this law is lousy and that it's ludicrous that the violation at issue was classified as a felony. Truly ridiculous. Although I appreciate the district's concern about fraud, etc., it seems excessive that a person would have a felony record and have to do any time. Indeed, I don't think that this should be criminalized - restitution and a penalty seems sufficient to me.

BUT...the law at issue was duly enacted by representatives elected by the people. Like it or not, America is a country of laws and, ultimately, we the people are responsible for the laws. Judges are bound to follow the law - potentially juries have the ability to disregard ("jury nullification") - but not judges.

I am troubled by the thought that there is a "higher law" that should exempt people from the consequences of their actions.

What if Jared Loughner argues that he was following a "higher law" in opening fire in Arizona (an extreme example, but a logical extension nonetheless)?

Who gets to decide what "higher law" is?

If we don't like enacted laws, we elect different representatives. We contact our representatives to contest or support pending legislation. We write letters to governors in support of clemency petitions (that could write a felony conviction off the books). We do not decide that the law does not apply to us, knowingly violate it, and cry foul when consequences follow.

JRose48 5 pts

Right after the part where it says six months in jail and $1000 fine it also says it may also result in criminal prosecution for theft of services. That is what happened. She was told criminal prosecution was possible and she did it anyway.

empathetic 5 pts

As seen from America's history, there are many instances where laws are not designed to maintain order, they are implemented to maintain a systemic racial and class imbalance, which appears to be much the case here.

Your suggestion of home school, with all due respect, connotes a lack of understanding of this woman's plight, shared by so many others - of the working poor, of inequity and of discrimination.

Breaking the law sometimes, does bring to light those injustices and social action can ensue as I hope it does in this case.

Gena Haskett 6 pts

First of all, damn! You parents have to fill this much information to get your kids in school?

http://www.copley-fairlawn.org/19541042195038127/l... ( http://www.copley-fairlawn.org/19541042195038127/l... )

Anyway, on page 7 is where where my questions just ramp up. On the page it does state that if you are caught there is a requirement to pay the tuition for the part of the year that the child was enrolled. It also states that there is a $1,000 fine and a penalty of six months in jail.

This form must be signed and notarized. That is in addition to the Sworn Statement of Residency on page 8.

I'm not denying the woman broke the law. I am saying she obeyed a higher law in that she was doing what she needed to get her children educated.

Yes, risky and it did not work out for her. But even by their own documentation their was a process and tuition compensation.

Unless there are additional facts that have not been disclosed this was an excessively punitive punishment.

Gena Haskett is a BlogHer Contributing Editor. My Blogs: Out On The Stoop ( http://outonthestoop.blogspot.com ) and Create Video Notebook ( http://createvideonotebook.blogspot.com )

Shannon LC Cate 5 pts

I don't believe a white parent would be convicted at this level. Plenty of white people--all kinds of people--do get caught doing this every day and do get the reasonable consequences you mention.

I think it was easier to make "an example" out of this woman--or the judge thought it would be--because she is so disenfranchised to begin with as a single, poor, Black mother.

A judge would not expect to get away with doing this to a middle class white person who did something similar.

"All that you have is your soul." Tracy Chapman

alysia75 5 pts

or unfair or just plain not right. Unfortunately there might still be consequences to pay if you break stupid, unfair, and unjust laws. Unless there is some major component of the story that has been left out, I don't think she should have even gone to court. Tell her that her kids can't go to the school anymore and that should have been the end of it. Unless this is a recurring problem (with this woman), or this is a huge problem in her area and they're trying to make an example out of her to scare others away from doing the same. I do understand that for some people who don't have the options that are available in my community (charter schools and schools of choice), or who work full-time and are unable to home school, simply moving to a better neighborhood might be literally impossible. If I were in that situation I might very well send my kids to a better school illegally too. But it would be a risk. And if I got caught and convicted, no one would be saying it was because I'm white.

Alysia blogs about family life, parenting and other stuff at Michigal ( http://michigalmom.blogspot.com/ ).

Jane Byers Goodwin 5 pts

Our school are so severely overcrowded, they all work overtime to make sure only those within the lines are also in their seats. I understand this. However, I also understand this mother's thinking and I"m on her side.

I have no answer for the problem, but I do believe that the main reason mothers stand in line and hope against hope they win the school "lottery" is more about the repulsive and vicious behavior choices so many students make these days, and get by with. An old, leaky, hot/cold school could still be an awesome and wondrous hall of learning if the students would let it be so.

I'd bet money, if I had any, that it's more about a school's population's behavior and attitudes than anything else. I've taught in brand-new, gloriously up-to-date buildings that were brought to ruin within three years because of the population, and in rinky-dink ramshackle buildings with attentive, learning-is-my-future populations whose parents were mostly poor and unemployed but who knew that decent and even superior public behavior opens doors that are nailed shut to people who choose to behave in certain ways.

I'd do exactly what this woman did if it meant my children were safe, encouraged to learn, and as far away from the mean disruptive kids as possible. And after I got out of jail, I'd do it again.

"Don't be content with being average. Average is as close to the bottom as it is to the top."

Jane blogs as "Mamacita" at Scheiss Weekly, ( http://janegoodwin.net/ )hitting the fan like nobody can.

Shannon LC Cate 5 pts

When you've never been in her shoes and can't imagine you ever will be.

As for "she shouldn't have broken the LAW" well, okay, and I guess Rosa Parks should have stayed in the back of the bus, too.

"All that you have is your soul." Tracy Chapman

CroMom 5 pts

Just a few thoughts I had as I read this and watched some news about the case. There is much that isn't really fully explained about this case. First, I wonder why the district hired a PI. I wonder if the children were disruptive and the school was looking for a reason/just cause to "get rid" of the kids. They probably had their doubts about the family to begin with (rumor, kid said something, that sort of thing). But to spend that kind of money to dismiss the kids leads me to think that the school had reasons (good or bad).
Second, I thought about the severity of the charges brought against her and the sentence, felony, really? But as someone who lives in a small house in a nice area I pay a lot in taxes so that my kids can go to a "good" school district. In ain't cheap, let me tell you. So when a child is enrolled in the wrong school district, yeah, I think that would annoy me. Now the point could be made that the grandfather is paying taxes in that school district...which is very true. But it isn't uncommon in these parts for areas to vote down school referendums for additional funding on school renovations mostly due to older populations voting against it because they figure they aren't using the schools so why pay the money. I know that none of this has anything to do specifically with this case, but I would be annoyed if I had a mother enroll her children into our district without "paying up". I go without alot of stuff so that we can live where we do.

Shannon LC Cate 5 pts

Read what the judge said to this woman. She threw the book at her by choice. 99% of similar cases are settled out of court.

"All that you have is your soul." Tracy Chapman

alysia75 5 pts

Yes I think the punishment in this case is stupidly harsh, but as others have stated SHE BROKE THE LAW. I can't see that it has anything to do with race. This kind of thing happens all the time near where I live. Schools go on crusades, hiring detectives & so on and busting a whole bunch of families at once. Going to court over it seems a little out there. Had this happened before? Had she been warned? I'm just wondering if there is more to the story. Everyone should be able to send their kids to a safe school. Here in Michigan we have many charter (FREE) schools to choose from if we don't like our home districts. Also many counties have Schools of Choice, where school districts can choose to accept students from out of district. They benefit in tax dollars. I do think this is a sad story, and the punishment doesn't fit the crime, but the thing is if you break the law you have to do it knowing there is a chance that you will get caught and have to face the consequences.

Alysia blogs about family life, parenting and other stuff at Michigal ( http://michigalmom.blogspot.com/ ).

Croggie 5 pts

Why is the school district hiring a PI? I'm angered not only by the racism and classism this case exposes -- but also by the fact that tax dollars that could be spent on educating children are instead being spent on keeping children out of a good school system. The state of the U.S. school system is nothing short of a national emergency.

Budderbeeen 5 pts

This is very well written, and I agree that sometimes, good people break bad rules. That being said, it is ridiculous to make believe this woman is blameless. The reason this country has laws is to keep order. It doesn't matter WHY you do something (or WHO does it)...if it is illegal, it's illegal. The solution to her problem would have been to move in with her father until finding her own place. Or going through the correct channels to find a way to get her children where she wanted them. Why not home school? The solution was not breaking the law.

Race, creed, or religion shouldn't have a thing to do with this story. The woman broke the law, and she was arrested. Not because she's black, or green, or poor, or anything else. I agree with decaf_debi. No one ruined the woman's chance at a teaching degree but herself. The only person she has to blame for her situation is herself. Not the judge, not the school system, not the police. I do feel sorry for her children, and the state of most public schools today, but breaking the law never fixes anything. People need to start taking responsibility for their actions instead of blaming everyone but themselves for their problems.

Leighbra 5 pts

A correction: She CAN vote. In Ohio, only people actively in prison are barred from voting. She has not lost this right, thankfully. Each state sets its own regulations regarding the restriction of voting rights to convicted felons.

Aside from that, your list stands. I can not imagine the purpose for this punishment. I do agree with Debi, the judge seems to have handed out a sentence that fits the written rule of the law. The judge also significantly reduced the amount of time she actively has to spend in jail.

What is confusing & offensive is that the school district went this route, then prosecution chose to take it to court. There really HAS to have been a better way than to cripple this family.

Gena Haskett 6 pts

Why did the school system take it this far? There had to be a procedure in place. This was not the first time that this has happened.

Why didn't the D.A. look at what was being presented and plea out to a minor charge? A warning. Restitution?

Why a felony conviction? That use to mean murder, arson, and very serious crimes.

The judge and jury had no choice based on the law. But it never should have been before the court.

Is the value of the education that good that it must be protected at all cost?

Gena Haskett is a BlogHer Contributing Editor. My Blogs: Out On The Stoop ( http://outonthestoop.blogspot.com ) and Create Video Notebook ( http://createvideonotebook.blogspot.com )

Gena Haskett 6 pts

There have been mothers that have crossed countries, counties or cities to make sure their children had a chance at a better education.

I'm not denying that she lied but she did not do anything remotely on the felony level.

Most districts quietly remove the child and transfer back to the home school. This is so extreme to wreck a life to right a wrong.

Someone was bone determined to make her an example. Was it someone running for the school board or something?

There is sometime most foul about this - no plea deal, restitution or warning? I can't see this conviction standing, it has be expunged.

Maybe the progressive Doomers are correct; the system will have to collapse before it can be re-built proper.

Gena Haskett is a BlogHer Contributing Editor. My Blogs: Out On The Stoop ( http://outonthestoop.blogspot.com ) and Create Video Notebook ( http://createvideonotebook.blogspot.com )

decaf_debi 5 pts

The mom broke the law, the prosecutor brought the charges, the jury ruled to find her guilty, and the judge only gave her 10 days out of a five year sentence. Seems like the judge was the nicest one here.

She broke the law. Dumb as the law might be, since her ex does pay taxes, too, and those taxes support the better school district. But still. If a law is broken, it's the DA's job to bring those charges to court. A felony seems incredibly harsh for this. I wonder if there were lesser misdemeanor charges he could have pursued instead.

At any rate, a jury of her peers found her guilty, too, so the judge was again...following the law. But she showed great discretion by suspending so much of the sentence. If only there were a way to suspend the permanent record of the felony since that is what will do this mother and her family the most harm by keeping her from teaching.

Debi, grinding through life at www.decafdiaries.com ( http://www.decafdiaries.com )
and paying the bills at www.brandnewconcept.com ( http://www.brandnewconcept.com )

pammeey 5 pts

We keep the poor schools (and people) poor, then wonder why there is so much poverty and crime.

Thank you for sharing this story.

PegsLife 5 pts

It's clear this judge has never lived in a poor and/or unsafe school district and had to make a decision on where to send his children to school.
When my oldest was young I was single and working full time. My parents watched my daughter everyday and we enrolled her in the school right up the street from my parents. I didn't consider this illegal just a necessity at the time.

Shannon LC Cate 5 pts

The judge was thinking she better make sure this woman stayed in her place and any others like her got the message loud and clear.
Here's hoping it backfires enormously.

"All that you have is your soul." Tracy Chapman

Nordette Adams 6 pts

What was the judge thinking? I hope she can this overturned and if that judge and prosecutor are elected officials, reasonable people should consider recalling them.

I've never heard of something like this being handle this poorly.

Nordette Adams ( http://www.bookotopia.com ) is a BlogHer CE ( http://www.blogher.com/haystackprofile/viewprofile... ) & you can find her other stuff through Her 411 ( http://her411.com ).